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Had package sent to friend's house, someone else recieved and opened (CA)

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syd_j

Junior Member
What is the name of your state? California
I wanted to surprise my dad with a gift, so I had it sent to a friend's house. This friend has tenants living below them, in the same house but with a separate entrance. The package was left in front of the tenant's door, and remained there for two days, as my friend did not remember to look out for it. After two days, it began to rain, so the tenant brought the package inside. The tenant apparently looked for my name and number in the white pages, but I'm not listed. They waited approximately 10 days, neglecting to contact the company that sent the item, as well as neglecting to ask their landlord or UPS if either knew anything about it. The tenant then opened the package and assembled the piece of furniture, which I ordered. I found out about this after knocking on the door of the tenant, and when there was no answer, opening the door and noticing the furniture sitting in plain view. I had the landlord contact the tenant, who admitted they "thought they had scored." They put the furniture outside their door, but the packaging was thrown out. They still had the invoice (which did not list the $290 price of the furniture, but did list my name and P.O. Box number.)
I'm understandably angry, and went to talk to them about the whole thing, but they weren't home, again. This time. My furniture was in front of their unit, undamaged, but seemed to be something other than what I had ordered. The invoice was on top of the furniture, and listed a piece very similar, but not quite exactly what I remember ordering. I left the furniture where I found it and wrote a note, with my phone # on it, telling them that I would be back to collect my $290 dollars very soon. I also told them to use common sense and not open other people's packages -- in a very nice way, of course ;) The furniture is still in front of their unit. It hasn't rained yet, and the furniture is reasonably secure, as their entrance is rather off the beaten track. But they are now trying to refuse to pay me!:mad: I'm considering taking them to small claims court. Is this the proper course of action to take in this situation? Do you think they have any chance to get out of paying?

CALIFORNIA, MARIN COUNTY
 


racer72

Senior Member
They have no legal obligation to pay you. You have your piece of furniture and have been made whole again. What they did was stupid and borders on illegal but in no way makes the liable to pay for it. There were many other options available to guarantee a safe delivery of the package, it was your choice to choose the one you did. Most of the errors in your situation are your fault, you are just looking for somewhere else to place the blame.
 

BelizeBreeze

Senior Member
What is the name of your state? California
I wanted to surprise my dad with a gift, so I had it sent to a friend's house. This friend has tenants living below them, in the same house but with a separate entrance. The package was left in front of the tenant's door, and remained there for two days, as my friend did not remember to look out for it. After two days, it began to rain, so the tenant brought the package inside. The tenant apparently looked for my name and number in the white pages, but I'm not listed. They waited approximately 10 days, neglecting to contact the company that sent the item, as well as neglecting to ask their landlord or UPS if either knew anything about it. The tenant then opened the package and assembled the piece of furniture, which I ordered. I found out about this after knocking on the door of the tenant, and when there was no answer, opening the door and noticing the furniture sitting in plain view. I had the landlord contact the tenant, who admitted they "thought they had scored." They put the furniture outside their door, but the packaging was thrown out. They still had the invoice (which did not list the $290 price of the furniture, but did list my name and P.O. Box number.)
I'm understandably angry, and went to talk to them about the whole thing, but they weren't home, again. This time. My furniture was in front of their unit, undamaged, but seemed to be something other than what I had ordered. The invoice was on top of the furniture, and listed a piece very similar, but not quite exactly what I remember ordering. I left the furniture where I found it and wrote a note, with my phone # on it, telling them that I would be back to collect my $290 dollars very soon. I also told them to use common sense and not open other people's packages -- in a very nice way, of course ;) The furniture is still in front of their unit. It hasn't rained yet, and the furniture is reasonably secure, as their entrance is rather off the beaten track. But they are now trying to refuse to pay me!:mad: I'm considering taking them to small claims court. Is this the proper course of action to take in this situation? Do you think they have any chance to get out of paying?

CALIFORNIA, MARIN COUNTY
you are very lucky they didn't keep the item and tell you to take a hike.
 

Ohiogal

Queen Bee
What is the name of your state? California
I found out about this after knocking on the door of the tenant, and when there was no answer, opening the door and noticing the furniture sitting in plain view. CALIFORNIA, MARIN COUNTY

You are lucky they didn't press charges on you for breaking and entering. You had no legal right to enter their home and could now be sitting in jail if they were not nice people.
 

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